Permit No.: P21963 HERITAGE PERMIT GRANTED UNDER SECTION 74 OF THE HERITAGE ACT 1995 NAME OF PLACE/OBJECT: WESLEY CHURCH COMPLEX HERITAGE REGISTER NUMBER: H0012 LOCATION OF PLACE/OBJECT: 118-148 LONSDALE STREET and 117-147 LITTLE LONSDALE STREET MELBOURNE THE PERMIT ALLOWS: Consolidation of existing Lots and subdivision of the registered land into three new Lots, demolition of: the Princess Mary Club Building, the remnant Stables and its adjuncts, some sections of the brick wall at the northern property boundary and later additions to the Manse but retention of all other heritage buildings and features with specified conservation works to each; demolition of some buildings and structures of no ascribed heritage significance including the former ANA Jones factory, Wesley House and the brick electrical substation; construction of a mixed-use multi-storey building on the eastern part of the registered land and site-wide landscaping works, both generally in accordance with documentation as identified in conditions 4 and 5 below. The permitted works are to be carried out in accordance with the following documents, as endorsed by the Executive Director and forming part of this permit, with the exception of works pertaining to construction of the mixed-use multi-storey building and of the site-wide landscaping works documented by Cox Architects and AECOM Australia Pty Ltd respectively, which are further referenced hereunder in conditions 4 and 5: Plan of Subdivision PS 734843D Version D by Reeds Consulting Pty Ltd (as ‘Attachment D’ to the Heritage Impact Statement) ‘Heritage Impact Statement - Wesley Church Complex’, dated January 2015 and consisting of 57 pages exclusive of Attachments A, B, C and D (except as further referenced hereunder) prepared for Leighton Properties by Lovell Chen Pty Ltd Demolition plan as depicted in section 5.12 of the Urban Context Report by Cox Architects (extracted from ‘Attachment A’ to the Heritage Impact Statement) Works to the Manse, School House and Caretaker’s Cottage to enable their adaptive reuse under commercial leaseholds as documented in 26 drawing sheets by Cox Architects forming part 2 of Attachment A to the Heritage Impact Statement Conservation works to the Wesley Church and to its three associated heritage buildings, being the former Manse, School House and Caretaker’s Cottage, as documented in a total of 30 sheets of drawings by Lovell Chen Pty Ltd forming ‘Attachment C’ to the Heritage Impact Statement Two letters from Lovell Chen Pty Ltd to the Executive Director, each of two pages and dated 30 July 2015 and 12 August 2015, respectively detailing negotiated changes to the design of the new mixed-use multi-storey building and to the landscaping proposal respectively. Two pages from ‘Attachment D’ to the Heritage Impact Statement titled “6.0 Architectural Treatment and Materiality” showing external materials and finishes of the new mixed-use multistorey building. Heritage Act 1995 THE FOLLOWING CONDITIONS APPLY TO THIS PERMIT: 1. 2. 3. 4. 5. 6. Period of Validity This permit shall expire if the permitted works have not commenced within two (2) years of the date of issue of this permit, or are not completed within five (5) years of the date of issue of this permit unless otherwise agreed in writing by the Executive Director, Heritage Victoria. Financial Security To ensure the satisfactory completion of the works approved under this permit and those required by permit conditions regardless of the financial status of the permit holder and in accordance with the provisions of s.74(4) of the Heritage Act 1995, a financial security in the form of a Bank Guarantee or Insurance Bond (or other instrument if agreed to in writing by the Executive Director) shall be lodged with the Executive Director prior to the commencement of the permitted works. The security shall be in the amount of one million dollars and shall be unconditional with regard to expiry date. The financial security is to be issued in favour of the Heritage Council of Victoria (ABN 87 967 501 331) and shall be returned to the issuing institution at the request of the permit holder on the completion of the approved works to the satisfaction of the Executive Director. The financial security referred to in condition 2 above shall be forfeit if the conservation works approved by this permit are not completed within 12 months of tenant occupancy commencing in the new mixed-use tower. Amended Documentation Prior to the commencement of works relating to the new mixed-use multi-storey building to be located on the eastern side of the registered land, the 24 architectural drawing sheets prepared by Cox Architects and appearing at Part 2, Section 10.1 of Attachment A to the Heritage Impact Statement referenced above are to be amended as necessary to reflect: (a.) the design changes referenced in the Supplementary Information document prepared by Lovell Chen Pty Ltd and dated July 2015, in response to the request of the Executive Director; the design changes relate principally to the separation of the Manse from the new tower and adjacent structural column configuration and are summarised in the two-page letter from Lovell Chen Pty Ltd dated 30 July 2015 endorsed as part of this permit and (b.) the design changes referenced in the Lovell Chen Pty Ltd letter to Heritage Victoria dated 5 November 2015 relating to a review by Cox Architects of the cantilevered podium design of the new mixed-use multi storey building at the Lonsdale Street frontage as represented in the illustrated attachment to the Lovell Chen Pty Ltd letter dated 5 November 2015. The amended drawings are to be submitted to and approved in writing by the Executive Director. The revised 22-page AECOM Landscape Architecture Report submitted with the letter from Lovell Chen Pty Ltd dated 12 August 2015 shall be amended to delete the trees and garden beds proposed to surround the Church building as there is no historical precedent for trees in these locations and their presence would obscure the architectural form and details of the church and potentially damage the footings of the Church by ingress of water and roots. New trees shown in the Report located on the lawn areas at the Lonsdale Street frontage are also to be deleted to avoid obscuring the architectural form and details of the Church building and in recognition of the existence of mature street trees. The Report amended as required is to be submitted to and approved in writing by the Executive Director prior to the commencement of any landscaping works on the registered land. The revised AECOM Landscape Architecture Report referred to in condition 5 above shall also be amended before submission to the Executive Director to delete the seating wall proposed on the Lonsdale Street property boundary coinciding with the south wall of Wesley House. Following the demolition of Wesley House it is intended that the cast iron palisade fence and basalt plinth be reinstated on this alignment as required by condition 10 below. Conservation Works Permit No.: P21963 Page | 1 Heritage Act 1995 7. 8. 9. 10. 11. 12. 13. 14. 15. Prior to the commencement on site of any of the works approved by this permit to the Church, Manse, School House or Caretaker’s Cottage, an experienced conservation architect shall be nominated to and approved in writing by the Executive Director. The approved architect is to advise and assist as necessary with the preparation of the documentation where any intervention to built fabric of heritage significance is involved and to provide relevant conservation advice to the principal during the carrying out of those works. Any additional works to the Manse, School House and Caretaker’s Cottage required to adapt them for specific uses as leasehold businesses and not included in the documentation approved as part of this permit P21963 must be approved by the conservation architect referred to in condition 7 above before being referred to the Executive Director for approval under this permit condition. At the conclusion of the conservation works approved under this permit the nominated conservation architect referred to in condition 7 above shall provide the Executive Director with a concise written assessment of the extent to which the site-wide conservation works were carried out in conformity with best heritage conservation practice. In accordance with the recommendation at page 146 of the Conservation Management Plan for the Wesley Church complex dated August 2000 by Allom Lovell and Associates, the demolished cast iron fence is to be reconstructed along the Lonsdale Street property boundary, inclusive of the Wesley House frontage. A remnant of the original fence with gate has been relocated within the site and the reconstruction should be modelled on this and possibly incorporate it if its condition is suitable. The statue of John Wesley by Paul Montford is to be examined by an experienced conservator and a condition report produced with recommendations in relation to any required conservation work. The report is to be submitted to the Executive Director for written endorsement and should conservation works be recommended in the report these are to be undertaken as part of the works approved by this permit. The statue is to remain in situ. The south façade of Nicholas Hall is to be made good and/or conserved as necessary following the demolition of Wesley House to its immediate south. The significant Olive Tree and the retained Elm Tree located within the registered land are each to be protected during the redevelopment and conservation works by the installation of separate protective fences each with a continuous perimeter fixed in place no closer to the trunk than the drip-line of the tree canopy. The existing ground levels within the fenced areas are not to be altered during the site redevelopment works. Archaeology A Consent under the Heritage Act 1995 must be obtained prior to any ground disturbance occurring on the registered land in relation to the works approved by this permit. Recording of Existing Conditions Prior to the commencement of the works approved by this permit an archival quality photographic survey is to be prepared and submitted to the Executive Director to record the following: The interior and exterior of the Princess Mary Club building The interior and exterior of the Manse and interior of the northern extension The interior and exterior of the former Stables The 1869 and 1914 sections of brick wall to Little Lonsdale Street The basalt plinth and gate posts on the Lonsdale Street boundary The remnant cast iron fence and gate within the site The survey is to be prepared in accordance with the Heritage Council/Heritage Victoria Technical Note titled ‘Photographic Recording for Heritage Places and Objects’ (available on the Heritage Council website). Two copies of the completed photographic survey are to be produced with one copy initially to be submitted to the Executive Director for written approval. On approval the second copy is to be lodged with the La Trobe Picture Collection, State Library of Victoria, C/o Ms Madeleine Say and a receipt obtained. The lodgement receipt or a copy thereof is then to be submitted to the Executive Director as confirmation of compliance. Permit No.: P21963 Page | 2 Heritage Act 1995 16. 17. 18. 19. 20. 21. 22. History of the Princess Mary Club Prior to the completion of the works approved by this permit a professionally written history of the founding of the Princess Mary Club building and its uses from construction until demolition is to be prepared - with particular emphasis on its significance as a hostel for young women. The study is to include a minimum of ten interviews with former boarders at the Club to ensure that the social history of the building with reference to personal reminiscences is also captured. A copy of the history is to be submitted to the Executive Director for written approval after which it shall be lodged with the State Library of Victoria. Interpretation Plan An Interpretation Plan for installation of interpretive devices within the registered land shall be prepared by a suitably qualified and experienced practitioner. The Interpretation Plan shall include proposals for the appropriate interpretation of the history of the site and in particular the evolution of its expansion by purchase of adjoining properties and developments in its use by the Wesley Church since the original Crown land grant of January 1850. Robust interpretive devices may be proposed to be located within the landscaped area and/or at the ground level of the new mixed-use multi-storey building footprint. The Interpretation Plan is to be submitted to the Executive Director for approval in writing within 12 months of the original issue date of this permit unless otherwise agreed in writing by the Executive Director. After its approval the Interpretation Plan is to be implemented on site prior to occupation of the new mixed-use multi-storey building. Heritage Infrastructure Management Plan Prior to commencement on site of any of the works approved by this permit the permit holder shall develop a Heritage Infrastructure Management Plan to identify the physical interventions required and their recommended scheduling to achieve the ongoing and long-term maintenance and conservation of the significant buildings and features of the heritage place as identified in the relevant entry in the Victorian Heritage Register. The plan is to be compiled by a conservation professional and shall set out a proposed inspection and reporting regime at regular intervals to identify and document the required maintenance and conservation procedures necessary to retain the built fabric in good and safe condition. The draft Heritage Infrastructure Management Plan is to be submitted to the Executive Director for approval in writing. Covenant The implementation of conservation works in perpetuity in accordance with the recommended scheduling, both as established under condition 18 above, is to be made legally binding on the owner of the registered land by means of the owner entering into a Covenant with the Heritage Council of Victoria pursuant to the relevant provisions of section 85 of the Heritage Act 1995. The approved Heritage Infrastructure Management Plan referred to in condition 18 above shall be incorporated into the Covenant. The Covenant referred to in condition 19 above is to be registered against the title of each of the Lots created upon the subdivision of the registered land in accordance with Plan of Subdivision PS 734843D, Version D, by Reeds Consulting Pty Ltd endorsed as part of this permit. A copy of each of the new land titles confirming registration of the Covenant is to be provided to the Executive Director within 14 days of registration of the subdivision. General Conditions The Executive Director is to be given five working days notice of the intention to commence the approved works. Approved works or activities are to be planned and carried out in a manner which prevents damage to the registered place. However, if other previously hidden original or inaccessible details of the place are uncovered, any works that may affect such items shall immediately cease. The Executive Director shall be notified of the details immediately to enable Heritage Victoria representatives to inspect and record the items, and for discussion to take place on the possible retention of the items, or the issue of a modified approval. Permit No.: P21963 Page | 3 Heritage Act 1995 23. 24. 25. All works must cease and this office be contacted if historical archaeological artefacts or deposits are discovered during any excavation or subsurface works. Should any munitions or other potentially explosive artefacts be discovered, Victoria Police is to be immediately alerted whilst the site is cleared of all personnel. The Executive Director is to be informed when the approved works have been completed. The development approved by this permit is to be carried out in accordance with the endorsed drawings, unless otherwise agreed in writing by the Executive Director, Heritage Victoria. NOTE THAT PERMISSION HAS BEEN GIVEN FOR INSPECTIONS OF THE PLACE OR OBJECT TO BE UNDERTAKEN DURING THE CARRYING OUT OF WORKS, AND WITHIN SIX (6) MONTHS OF NOTIFICATION OF THEIR COMPLETION. TAKE NOTICE THAT ANY NATURAL PERSON WHO CARRIES OUT WORKS OR ACTIVITIES NOT IN ACCORDANCE WITH THE PERMIT OR CONDITIONS IS GUILTY OF AN OFFENCE AND LIABLE TO A PENALTY OF UP TO 2,400 PENALTY UNITS ($346,464) OR 5 YEARS IMPRISONMENT OR BOTH, OR IN THE CASE OF A BODY CORPORATE 4800 PENALTY UNITS ($692,928). THE ATTENTION OF THE OWNER AND/OR APPLICANT IS DRAWN TO THE NEED TO OBTAIN ALL OTHER RELEVANT PERMITS PRIOR TO THE COMMENCEMENT OF WORKS. Date Issued: Signed by the Executive Director, Heritage Victoria: 10 November 2015 Tim Smith (If the permit has been amended, include the following table indicating the date and nature of amendments included in the amended permit) Date of amendment Permit No.: P21963 Brief description of amendment Page | 4 Heritage Act 1995 IMPORTANT INFORMATION ABOUT THIS PERMIT WHAT HAS BEEN DECIDED? The Executive Director has issued a permit under section 74 of the Heritage Act 1995. WHEN DOES THE PERMIT BEGIN? The permit operates from a day specified in the permit. WHEN DOES A PERMIT EXPIRE? A permit expires if * the development or any stage of it does not start within the time specified in the permit; or * the development or any stage is not completed within the time specified in the permit, or, if no time is specified, within two years after the issue of the permit. The expiry of a permit does not affect the validity of anything done under that permit before the expiry. WHAT ABOUT APPEALS? The applicant or the owner of a registered place or registered object may appeal to the Heritage Council against any condition of a permit imposed by the Executive Director on a permit issued under Section 74 of the Heritage Act. An appeal must * be in writing; and. * be lodged within 6o days after the permit is issued. Appeal forms can be downloaded at: www.dtpli.vic.gov.au/heritage/permits/permit-appeals _______________________________